Question juridique clé
How to interpret Art. 12(1) Geneva Family Allowances Act on arrears and prescription
Solution extraite
The provision allows only two years of arrears, but these may be claimed within a five-year period from the date the beneficiary learned of the right; it does not grant five years of arrears.
Motifs extraits
The wording is clarified by the legislative history and the symmetry with the restitution limitation in Art. 12(3) LAF. The cantonal interpretation was therefore not arbitrary.